HC pulls up Navi Mumbai police for not filing FIR

The police faced criticism from the high court again on Tuesday.

The Bombay High Court rapped the Navi Mumbai police for failing to register a first information report (FIR) even after receiving a complaint alleging forgery in purchase of a plot at Kelave measuring 4,200 sq m.

“The police officer ought to have registered an FIR after getting the complaint disclosing cognizable offence, and take it to a logical conclusion,” said the division bench of Justice AM Khanwilkar and Justice PD Kode.

The court also fired a volley of queries at Public Prosecutor Pandurang Pol, who said the Navi Mumbai police didn’t register an FIR because an inquiry revealed it was civil dispute.

The statement irked the judges, who asked the prosecutor on what basis had the police come to the conclusion. “Under what authority did you conduct the inquiry without registering a FIR?” asked the court. “What is the importance of the material you have collected during the inquiry without registering the FIR?”

The court was hearing a petition filed by Sunil Kumar Loharia, a Non-Resident Indian, seeking orders to register an FIR on the basis of two written complaints – one submitted to the police on March 15 and a week later. Counsel for the petitioner, Mukesh Ahooja, said the Loharia had executed an agreement for purchasing a plot at Kelave and had paid more than Rs 1 crore to a certain Sunil Bhanushali.

He said when his client inquired with City and Industrial Development Corporation (CIDCO) about the plot, he found it was originally allotted to a family of Project Affected Person, and there were irregularities in its transfer from the PAP family to the private parties.

“The transfer deed bears signature and photographs of a woman, who died two years before the execution of the agreement,” said the lawyer.

Prosecutor Pol said none of the PAP family has complained about the transaction. The prosecutor’s contention failed to impress the judges, who directed assistant commissioner of police (Crime) to register an FIR on the basis of complaints lodged by Bhanushali and conduct an impartial investigation.